Traders Compress Co. v. United States

74 F. Supp. 649, 109 Ct. Cl. 659, 1947 U.S. Ct. Cl. LEXIS 73
CourtUnited States Court of Claims
DecidedDecember 1, 1947
DocketNo. 45767; No. 45801; No. 45802; No. 45825; No. 46270
StatusPublished

This text of 74 F. Supp. 649 (Traders Compress Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Traders Compress Co. v. United States, 74 F. Supp. 649, 109 Ct. Cl. 659, 1947 U.S. Ct. Cl. LEXIS 73 (cc 1947).

Opinion

Jones, Chief Justice,

delivered the opinion of the court:

Plaintiffs are cotton compress and warehouse companies, and during the period involved were engaged in selling their services in connection with cotton to the public for compensation. Among the services rendered to the owners of cotton were the compressing and storing of the bales of cotton, unloading them from and loading them into box cars and in some instances delivering the cotton to trucks and to shipside on behalf of the owners.

[684]*684Plaintiffs published and maintained schedules of charges made by them for services rendered.

The issue to be decided in these consolidated cases is the amount of charges to be paid plaintiffs for services rendered by them in storing and handling cotton owned by the Federal Surplus Commodities Corporation (F. S. C. C.) and the Surplus Marketing Administration (S. M. A.).

Plaintiffs, after negotiations, made contracts with the Commodity Credit Corporation (C. C. C.), by the terms of which rates lower than the customary charges were made for cotton owned by the C. C. C. or on which it had loans.

The question is, Do the provisions of the C. C. C. contracts for reduced rates inure to the benefit of cotton owned or handled by the F. S. C. C. or the S. M. A. ?

On October 4,1938, the Federal Surplus Eelief Corporation was organized under the laws of the State of Delaware, pursuant to the authority of the National Industrial Eecovery Act, 48 Stat. 195. Its name was changed to Federal Surplus Commodities Corporation on November 16,1985, by amended certificate of incorporation. The objects of the corporation are set out in finding 7. Its major purpose was the purchasing, storing, handling, and processing of surplus agricultural and other commodities and the products thereof, and the disposing of them in such a way as to relieve hardship and suffering caused by unemployment, and to adjust the disparity in prices between agricultural and other prices. It had other broad powers. It had no capital stock. Its members were the Secretary, Under Secretary, and Assistant Secretary of Agriculture. Its business was to be managed by a Board of Directors.

The Commodity Credit Corporation was organized October 17,1933, under the laws of the State of Delaware, under Executive Order 6340 (finding 8), pursuant to the National Industrial Eecovery Act. The Secretary of Agriculture and the Governor of the Farm Credit Administration were authorized and directed to form the corporation. Its objects are set out in finding 9. Its primary activities were to purchase, deal in and sell agricultural or other commodities and to loan money on such commodities. There were other broad purposes. The two officials named were authorized to sub[685]*685scribe for all the capital stock with money available under an appropriation act.

During the years 1984 and 1937 there was an overproduction of cotton and large quantities were stored in plaintiffs’ warehouses.

The Commodity Credit Corporation became the owner of certain of this cotton in two ways:

(1) It acquired title to some of it before it was placed in storage, and upon being placed in storage warehouse receipts were issued to the corporation.

(2) Other portions of the cotton were placed in storage with plaintiffs by private owners to whom plaintiffs delivered negotiable warehouse receipts therefor. Thereafter Commodity Credit Corporation loaned money to the private owners and the warehouse receipts were delivered to the Commodity Credit Corporation as security. Subsequently, and prior to the transactions involved here, the Commodity Credit Corporation foreclosed these liens, thus acquiring title to and becoming the owner of the cotton represented by such receipts.

Such cotton will be referred to as Commodity cotton.

The Federal Surplus Commodities Corporation acquired cotton in connection with its activities which were independent of and had no connection with those of the Commodity Credit Corporation. It was acquired by purchase from individual owners who held negotiable warehouse receipts.

The cotton thus acquired will for convenience be referred to as Shipper cotton.

Some of this Shipper cotton was later exchanged for Commodity cotton, but otherwise had no relation in any way to the cotton owned by the Commodity Credit Corporation.

On July 1,1935, the President’s Eeorganization Plan No. 1, Section 401 (A), 5 U. S. C. 133t, directed that the Farm Credit Administration, the Federal Farm Mortgage Corporation, and the Commodity Credit Corporation, be transferred to the Department of Agriculture and placed under the general direction and supervision of the Secretary of Agriculture, and on August 2, 1935, Executive Order No. 8219 specifically designated the Secretary of Agriculture as officer to exercise on behalf of the United States any and all rights [686]*686of the United States arising out of the capital stock of the Commodity Credit Corporation.

In 1939 the Commodity Credit Corporation informed plaintiffs that it wanted the rates reduced on cotton owned or controlled by it and stored with plaintiffs. It urged several reasons for such reduction, including the compact manner of storage of Commodity cotton, the larger volume, the smaller expense in handling and the inactivity in the movement of such cotton. After negotiations, the plaintiffs were willing to reduce the rates to be charged the Commodity Credit Corporation because they anticipated among other advantages that a large volume of cotton would remain in inactive storage for a long period of time and would be cheaper to handle than would cotton owned by individual owners and which was usually disposed of during the season in which it was produced.

Another consideration was the fact that normally every bale of cotton when delivered to the plaintiffs for storage was tagged with an identification number and a record made of the location in which it was stored. Thus cotton that was stored and expected to be withdrawn in the season in which it was produced was placed four rows deep with an aisle between each four rows in order to facilitate handling when ordered out by tag number. In this way the specific bale could be taken from the outside row without first moving any other bale, and from the inside row by simply moving one other bale.

The cotton owned by Commodity Credit Corporation was much more compactly stored in order to make greater use of storage facilities. This method made it necessary to move a number of bales in order to reach any specific bale. The method of storing and handling was established by the plaintiffs, however, and not at the instance of the Government. All of the Commodity cotton had been in storage with the respective plaintiffs since either 1934 or 1937 and prior to October 1939 had been consolidated and in some instances transferred to other warehouses in order to make room for cotton produced in the current season of 1939.

Plaintiffs would not have entered into the agreement for reduced rates had they anticipated that Commodity cotton [687]*687would be handled in smaller quantities or in other than the usual way in which it had theretofore been handled.

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Related

United States v. Strang
254 U.S. 491 (Supreme Court, 1921)
Detroit, Toledo & Ironton Railroad v. United States
79 Ct. Cl. 227 (Court of Claims, 1934)
Heil v. United States
273 F. 729 (S.D. New York, 1921)

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Bluebook (online)
74 F. Supp. 649, 109 Ct. Cl. 659, 1947 U.S. Ct. Cl. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/traders-compress-co-v-united-states-cc-1947.